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Saturday, May 18, 2024

Ruling allows Wisconsin judges to declare open partisanship

A court ruling released Wednesday allowed Wisconsin judges to identify with a political party, with potentially far-reaching consequences for the state's judiciary. 

 

U.S. District Court Judge Barbara Crabb ruled judges should be allowed to identify with a party, directly ask for donations and endorse lawmakers in partisan offices.  

 

In the 65-page opinion, Crabb said rules banning those practices violate judges' First Amendment rights, and the government should be hesitant of limiting the discussions that candidates may have with the public."" 

 

The state Supreme Court election will be held April 7. 

 

Milwaukee County Circuit Court Judge John Siefert, who sued the state because he wanted to remain a member of the Democratic Party, said the ruling will help future judicial elections. 

 

""I certainly agree we have a strong interest in a fair and open-minded judiciary,"" he said, but added, ""I don't see how speaking out on issues or belonging to the Democratic party in any way compromises my neutrality as a judge."" 

 

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Siefert said this ruling allows judges to raise money directly and allow the public to make a more informed decision about a candidate. 

 

In the decision, Crabb said greater public financing might be necessary for more impartial judicial elections, and Siefert said such measures are needed to prevent the influence of wealthy special interests. 

 

Mike McCabe, executive director of the government watchdog group Wisconsin Democracy Campaign, said the decision does nothing to restore public faith or confidence in judicial elections. 

 

Both Siefert and McCabe said neither justice in the April Supreme Court election is likely to declare a party affiliation. 

 

Many are uneasy, however, about the prospect of judges openly declaring party affiliation. The state Department of Justice is considering an appeal of the ruling. 

 

""Eliminating partisanship from the judiciary is the best way to assure that judges remain impartial,"" Attorney General J.B. Van Hollen said in a statement.

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